Administrator of children home convicted for sexual assault
Source: The Sangai Express

Imphal, May 03 2018: Maibam Manojkumar, Special Judge POCSO Imphal West, convicted Timothy L Changsang, administrator of North Eastern Children's Home, Rengkai village, Churachanpur, under section 6 and 10 of POCSO Act, 2012 as well as under section 506 IPC respectively, on April 30, and fixed May 5 for the sentence hearing of the convict.

The Convict was not present when the Court issued the judgement order and as such he was represented by his defense counsel and the judgment order was announced after it was kept on reserved after the final hearing of the case was held on April 6 .

The case against the convict Timothy L Changsang (48) s/o (L) Thanggakham, administrator of North Eastern Children's Home, Rengkai village, began after the victims lodged different complaints stating that they were sexually assaulted and also threatened by the convict.

After completion of the investigation, the IOs of the cases submitted charge sheets against the convict before the Special Judge POCSO Churachandpur.

However, Special Judge POCSO Churachandpur issued an order on October 15, 2015, discharging Timothy from the liability of the case.

Then on August 1, 2016, the High Court of Manipur issued a common order to set aside the order of the Special Court POCSO Churachanpur and transferred the case to Special Judge POCSO Imphal West with the direction to proceed the trial in accordance with law.

Special Judge POCSO Imphal West Court received the case records and charges were farmed against Timothy under section 506 IPC and section 6 and 10 of POCSO Act, on February 28 last year.

During the trail, the Court recorded and examined 14 prosecution witnesses and after completion, the convict was examined under section 313 CrPC (he also produced 3 defense witnesses) .

During the final hearing of the cases, the Court heard the submission of A Nilachandra, Additional PP and Advocate MI Sharma, defense counsel of the convict in length.

The Additional PP contended that the prosecution had examined 14 prosecution witnesses and out of the 14 prosecution witnesses, prosecution witness number 1 is a victim and she had clearly stated about repeated penetrative sexual assault by the convict as well as threatening her with dire consequence if she disclosed his acts to any one.

It was also submitted that the medico legal examination report also fully supported the claim.

The Additional PP further maintained that the prosecution witnesses number 2, 3, 6 and 7 (of the 14) are students who were also staying together with the victim (prosecution witness number 1) in the same home and they have also corroborated with the statement of the victim.

On the other hand the defense counsel of the convict submitted that there has been unexplained delay in lodging the FIR which indicate falsity of the case as the victims kept silent for about 1 year and 7 months (as the incident started in the month of July 2013 and continued till December 2014 but the report was lodged on February 25, 2015) and no explanation were given by the victims for the delay.

The defense counsel also submitted that the victim lodged a written compliant to SP Churachanpur with false allegation as revenge against the convict.

After hearing both sides, the Court came to the conclusion that the convict committed sexual assault upon the victim girls repeatedly and also threatened them with dire consequences if they disclosed the matter.

Accordingly the Court convicted Timothy under section 6 and 10 of POCSO Act and under section 506 IPC and fixed May 5 for the sentence hearing.

The Court also issued non bailable warrant of arrest against the convict.

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